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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomson and Others (Crawford's Trustees), Petitioners [1877] ScotLR 15_194 (12 December 1877) URL: http://www.bailii.org/scot/cases/ScotCS/1877/15SLR0194.html Cite as: [1877] ScotLR 15_194, [1877] SLR 15_194 |
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Page: 194↓
A petition was presented for the purpose of obtaining the sanction of the Court to a scheme for working a trust that could not be worked in conformity with the directions of the original trust-deed, and after certain procedure the Court appointed the trustees to lodge in process a deed in conformity with certain directions given by them. The
Page: 195↓
trustees per incuriam recorded the deed in place of producing it. They then presented a note asking for approval of the extract deed, but the Court held that the original deed must be produced, as it was necessary that they should not only see what its terms were, but also that it was duly executed and that there were no erasures, and they accordingly ordered that the Deputy Keeper of the Records, or one of his clerks, should attend and exhibit it.
Counsel for Petitioner— Kinnear. Agents— Murray, Beith, & Murray, W.S.
